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Obscure motoring laws you probably didn't know about

Stay legal on the road with our guide to the obscure motoring laws you may not be aware of.

12/03/2020

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obscure motoring laws you probably didn't know about

carlton boyce

Stay legal on the road with our guide to six obscure motoring laws

Stay legal on the road with our guide to six obscure motoring laws

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While most motoring laws, even the newer ones, are well known, there are some that might have escaped your attention – and ignorance is no defence.

To help you avoid a fine or worse, here’s our guide to the six motoring laws you probably didn’t know about!

Dirty number plates

The Road Vehicles (Display of Registration Marks) Regulations 2001 make it an offence to drive a motor vehicle with dirty number plates on a public road. While the police may have turned a blind eye in the past, they’re unlikely to do so now they rely on speed cameras, Automatic Number Plate Recognition (ANPR) cameras, and other technological aids to register and report an offence by reading your car’s number plates.

Flashing your headlights to warn other drivers of a speed trap

You might think that warning oncoming traffic of the presence of a speed trap is actually helping by slowing down speeding drivers, but the law takes a different view.

If the police see you doing it, you may well be charged under Section 51 of The Police Act 1964 with ‘obstructing a constable in the execution of his duty.’ If you are found guilty – and many have been – you face a fine of up to £1,000 or a month in prison.

Eating at the wheel

We all know that using a mobile phone while driving is an offence but did you know that eating could be too?

The charge, should you be caught snacking, is likely to be ‘driving a motor vehicle in a position which does not give proper control’, an offence under the Road Traffic Act (1988). The penalty is a fine of up to £1,000 andthree penalty points on your licence.

(By the way, some police apparently take the view that eating a sandwich one-handed is acceptable, but using two hands isn’t. As Chief Inspector Stuart Walne of South Yorkshire Police said in 2012 of a driver caught eating with both hands: 'It's one thing eating a biscuit or sandwich which I'm not saying is right, but you can still change gear and hold the wheel. To eat a cheesecake is just ludicrous.')

Drinking in a motorhome

At the end of a long day behind the wheel, what could be nicer than pulling into a deserted layby in the middle of the countryside for a spot of wild camping?

You can see it now, can’t you? A light supper of cheese and biscuits with a glass of something refreshing to wash it all down with while you watch the sun sink slowly below the horizon.

But hang on, you might find yourself in hot water: the Road Traffic Act (1988) is clear that you don’t have to be driving, or attempting to drive, a vehicle: ‘a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence’ too.

There is a defence: ‘a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.’

In practice, that means you should take the keys out of the ignition, storing them away somewhere out of view where they aren’t immediately accessible.

There is an exemption for cars sitting in a traffic jam, meaning you don’t have to turn your engine off when you are stuck in a queue, but if you are, for example, sitting in your car waiting for someone you must – or face an on-the-spot fine £20.

Drunk in charge of a bicycle – or your horse

Section 30 of the Road Traffic Act 1988 makes it an offence to be ‘unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle)’. While you won’t lose your driving licence if you’re convicted, you will almost certainly be fined.

Pushing, or ‘wheeling’ your bike along is fine, though as the courts have established that this doesn’t amount to riding.

Incidentally, the Licensing Act 1872 makes it an offence to be ‘drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine.’ So, best to leave Dobbin at home if you fancy a drink…

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The opinions expressed are those of the author and are not held by Saga unless specifically stated.

The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.